He served as special counsel of the United States charged with the defense of the "abandoned and captured property claims" 1868–1870 and as Agent and counsel for the United States before the American and British Mixed Commission under the Treaty of Washington 1871–1873.

Hale was elected to the Forty-third Congress (March 4, 1873 – March 3, 1875). He served as chairman of the Committee on District of Columbia (Forty-third Congress).

He was not a candidate for reelection in 1874.

He was appointed a commissioner of the State survey April 29, 1876, in which capacity he was serving when he died in Elizabethtown, New York, on December 14, 1881. He was interred in Riverside Cemetery.

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